YAW OBENG v. REPUBLIC

DOMAKYAAREH (MRS), JA:

[1] This is a criminal appeal against the Summing Up and in effect the judgment of the High Court, Kumasi dated 18th December 2013. The Appellant herein was charged with the offence of Murder contrary to Section 46 of the Criminal Act, 1960 (Act 29) in that on 19th January, 2009 at Mankala village at Akwamu SGD.

near Agogo in the Ashanti Region of Ghana, he intentionally caused the death of Osmanu Umaru by unlawful harm.

[2] The facts of the case are that the deceased, Osmanu Umaru, was a Fulani herdsman who resided at Bebome near Agogo while the Appellant was a farmer who lived at a cottage at Akwamu near Mankala village in the same vicinity. On 19th January 2009, as aforesaid, the deceased and his brother Abdulai Umaru took their cattle for grazing at a village called Mankala near Agogo. At about 1:00 pm while still with the cattle, Abdulai Umaru heard a gunshot. The deceased shouted in pain that someone had killed him. Abdulai Umaru attempted to go to the aid of the deceased but he saw the Appellant with a gun and he therefore run away to Bebome village to inform his other brother. Though Abdulai Umaru did not know the name of the Appellant he told the Police that he could identify him when he sees him. Abdulai Umaru said prior to the incident, he had seen the Appellant weeding a tomato farm and that the tomato farm is close to where the deceased was killed. The body of the deceased was conveyed to Komfo Anokye Teaching Hospital where an Autopsy Report revealed that the deceased died due to gunshot wounds. Six pellets were removed from the body of the deceased.

[3] The Appellant upon committing the offence went into hiding at Nsawam and resurfaced two years later. Upon a tip off, he was arrested by the Police. On March 8th 2011, Abdulai Umaru identified the Appellant at the Agogo Police Station as the one who shot and killed his brother, the deceased. The Appellant was subsequently charged with the offence of Murder as aforesaid. The Appellant was accordingly tried for the said offence of Murder and on 18th December 2013 the Learned Trial Judge addressed the jury with his Summing Up. The Learned Trial Judge concluded his Summing Up by telling the jury that they were entitled to come back for further directions if necessary. He also reminded them once again that their verdict must be unanimous. (See page 73 of the Record of Appeal).

[4] The jurors then retired to consider their verdict and after thirty-seven (37) minut